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(영문) 창원지방법원 2017.11.29 2017고단3264

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for four months.

Reasons

Punishment of the crime

[Criminal Records] Cases: Changwon District Court Decision on May 31, 2017 that violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Death or Injury): One year/ suspended execution of imprisonment without prison labor for a credit cooperative; two years (Death or Injury) elapsed; June 8, 2017; the final and conclusive judgment on June 8, 2017 / [criminal facts] the Defendant is a person who is engaged in driving B mixed B WW125 124 Choba.

On August 15, 2017, the Defendant driven the off-to-land 23:49 above, and operated it directly from the central private distance intersection in front of the public park in the city of Kimhae-si.

Since there is a crosswalk, there was a duty of care to prevent accidents in advance by checking whether a person engaged in driving service is a pedestrian or not who has a pedestrian or not.

Nevertheless, the Defendant neglected to perform his duty of care on the front side, and found the victim C (27 tax) to walk the crosswalk to the left side of the right side of the direction while driving on the right side of the road without reducing the speed of the road. However, the Defendant, on the front side of the part of the victim, turned over the damaged person on the road by receiving the part of the victim’s left lower part of the road.

Ultimately, the Defendant caused the victim to suffer injury, such as cerebral finites, which requires treatment for up to two weeks, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the actual survey report;

1. A person who is sentenced to special sentencing for sentencing of one traffic accident resulting from the basic aggravation of the classification and mitigation of the types of punishment for the relevant criminal facts, Article 3(1) of the relevant Act of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act (hereinafter referred to as imprisonment without prison labor) from January to April to August to August to August: A person who is sentenced to general sentencing for aggravated factors (road crossing accident): A person who is sentenced to general sentencing for aggravated factors (from August to 2) in the aggravated area: A sentence of imprisonment without prison labor for April to be sentenced to imprisonment without prison labor for a period of four months: A second offense (the same type), crosswalk during the period of suspension of execution, and an accident.